55 Van Natta 4266 (2003). RANDY A. BILYEU, Claimant.

• Court: Oregon

Oregon Workers Compensation 2003. 55 Van Natta 4266 (2003). RANDY A. BILYEU, Claimant 4266In the Matter of the Compensation ofRANDY A. BILYEU, ClaimantWCB Case No. 03-00571, 02-06922ORDER ON REVIEWBlack Chapman et al, Claimant Attorneys Alice M Bartelt, SAIF Legal, Defense Attorneys Johnson Nyburg and Andersen, Defense AttorneysReviewing Panel: Members Lowell and Kasubhai.Claimant requests review of Administrative Law Judge (ALJ) Brazeau's order that: (1) dismissed claimant's hearing request regarding his "post- aggravation rights" new or omitted medical condition claim with the SAIF Corporation for a L5-S1 disc herniation; and (2) upheld Liberty Northwest Insurance Corporation's (Liberty's) denial of claimant's occupational disease claim for the same condition. On review, the issues are jurisdiction and compensability, and potentially, responsibility. We adopt and affirm the ALJ's order with the following supplementation. Claimant injured his back in 1987 while working for SAIF's insured. His claim was accepted for a mild lumbar strain. (Ex. 4). The claim was initially closed by a September 11, 1987 Determination Order with no award of permanent disability. (Ex. 11). Claimant developed back pain again in April 1989. Based on a June 1989 insurer-arranged medical examination, Dr. Thompsen opined that claimant had suffered a work-related exacerbation of his original condition. (Ex. 28). An MRI revealed mild degenerative changes at L5-S1 with a small disc bulge at that level. (Ex. 24). A January 1990 Determination Order reclosed the claim, awarding 26 percent unscheduled permanent disability. (Ex. 51). Claimant received an additional 5 percent unscheduled permanent disability pursuant to a July 1990 stipulation. (Ex. 51). Between 1990 and 1995, claimant continued to work for SAIF's insured performing relatively light work. In 1995, claimant began working for a roofing company, insured by Liberty. He worked with intermittent back pain between 1995 and 2000, when, in 2000, he pulled a radiator top off of a motor at work and experienced a return of significant low back pain. In February 2000, he filed a claim with Liberty, which 55 Van Natta 4266 (2003)4267 subsequently denied the claim. Claimant did not appeal the denial. (Exs. 51A, 51B). Claimant sought no additional medical treatment for his low back until June 10, 2002, when he saw Dr. Matz and complained of low...